Court allows in-service primary teachers to pursue a D.El.Ed. course despite lacking required qualifications, emphasizing their rights under prior recruitment regulations and ensuring no service disruption.

JUDGMENT :

BIVAS PATTANAYAK, J.

1. Affidavit of service filed on behalf of the petitioners is taken on record.

2. By the present writ petition the petitioners seek for permission to undergo 2-year D.El.Ed. course for the sessions 2025-2027 from any Government recognized private self-financed institutions in addition to Government sponsored and the Government aided PTTI and DIET and entitling the petitioners to take admission in 2-year D.El.Ed. course for the sessions 2025-2027 in the same manner as has been extended to the other untrained teachers recruited under the same recruitment process of 2009 in other districts.

3. The petitioners are primary teachers in different schools in the district of South 24-Parganas. The petitioners appeared in the examination conducted for recruitment of primary teachers in different primary schools pursuant to notification dated 30^th August, 2009. As per the eligibility criteria in the said advertisement the age limit was within 18 to 40 years of age group and the required qualification was of Madhyamik or equivalent for participating in the selection process. All the petitioners qualified in the said written examination. However, after prolonged litigations the petitioners were ultimately appointed from 2023 onwards. After promulgation to Right of Children to Free and Compulsory Education Act, 2009, the National Council for Teacher Education (in short, ‘NCTE’) issued guidelines that the teachers in the primary schools should possess 50% marks in Higher Secondary and they are also required to complete 2-year D.El.Ed. course. At the time when the petitioners applied for joining as primary teachers, there was no requirement for such qualification. However, with the issuance of guidelines of NCTE, it has become imperative to possess such qualification. The petitioners presently do not have the said qualification. Accordingly, the petitioners seek to complete the qualification as required under the NCTE recruitment, 2010 and 2011. Hence, this writ petition seeking requisite permission.

4. Mr. Chitta Priya Ghosh, learned Advocate appearing on behalf of the petitioners submits that pursuant to the direction issued by this Court in WPA No. 13989 of 2025 (Partha Das & Ors. vs. The State of West Bengal & Ors.) with WPA No. 13966 of 2025 (Rajkumar Dogra & Ors. vs. The State of West Bengal & Ors.) the West Bengal Board of Primary Education have issued notification in respect of untrained teachers in the district of Malda and North 24-Parganas allowing them to submit application for admission to two-year D.El.Ed. course for the session 2025-27. The petitioners are similarly circumstanced. He submits that similar direction be issued to the Commissioner of School Education, Government of West Bengal, in consultation with the West Bengal Board of Primary Education to forthwith publish the consolidated list of eligible untrained teachers along with recognised institutions, including Government sponsored, Government aided and Government recognised self-financed institutions for offering such course.

5. Mr. Ratul Biswas, learned Advocate for the West Bengal Board of Primary Education and Mr. B.P. Vaisya, learned Advocate for the D.P.S.C. South 24- Parganas, respondent nos.3 and 5 and Ms. Sanghamitra Nandy, learned Advocate for the State submit that similar direction as issued in the other writ petitions may be issued in the present case as well.

6. Admittedly, the petitioners before this Hon’ble Court are serving as Assistant Teachers in various primary schools in